1. Any goods and services supplied by us to you shall be subject to these terms unless we agree in writing to change them. If you accept goods or services from us, that action by you will be deemed to be acceptable of these terms, notwithstanding anything that may be stated to the contrary in your enquiries or your order.
2. Orders may be placed on this website for despatch from SIFCO warehouses at Avondale (Auckland), Islington (Christchurch), or Mt Maunganui (Tauranga), on a plus freight basis.
3. The price for goods and services will be pursuant to our standard charges applying at the time. GST will be payable by you as an additional amount on all prices and charges.
4. SIFCO will not accept return of goods for credit without prior approval being arranged through our customer services representative or manager, and then only within 7 days of supply. If goods are returned to SIFCO Warehouse insufficiently packaged and sustain damage because of this, they will be returned and credit will not be processed. For resellers, a 5% handling fee (minimum $8 plus GST) will be charged on all goods returned for credit. If these goods were originally part of a freight free shipment, they will be credited less the freight cost.
5. SIFCO will replace any goods incorrectly delivered to you, only with our prior approval, provided that the incorrectly delivered goods are returned in an undamaged state to our warehouse from where they were sent, within 30 days of delivery.
6. Should a package be received in damaged condition, please make sure you or your staff sign for it as damaged. You will then be in a position to make a written claim from the carrier.
7a. SIFCO guarantees that it will, free of charge, repair or at its option, replace any of its products or any part thereof which proves commercially defective as to materials or workmanship, provided that the same is returned, freight prepaid, to SIFCO Service Department within 12 months for customer covered by the Consumer Guarantees Act. This guarantee does not cover product using anything other than genuine MAX, OMER or SIFCO fasteners, or any product that has been tampered with, abused or used for any purpose other than originally designed for.
For "Trade"customers,
9. If full payment for the goods is not made on the due date then, without prejudice to any other remedies available to us:
a. We may cancel or withhold supply of further goods.
b. Interest on monies overdue shall be charged on a daily basis and be calculated by adding 3% per annum to the overdraft rate payable by us to our bankers at the time during such a default, and interest shall continue to accrue both before and after judgement.
c. You shall be responsible for all costs incurred by us in recovering such monies.
d. We hold the right to revert this account to a cash account.
10. SIFCO provides, outside of warranty, a chargeable repair service at all of its Sales Offices – only on goods which we have originally sold. With few exceptions, machines less than $80 retail including GST are uneconomic to repair. We would not proceed with repair of any machine which would cost more than 40% of price of machine but rather offer to trade out or would return machine as uneconomic to repair.
11. Although risk in any goods supplied by SIFCO to the customer shall pass when goods are delivered to the customer or into custody on the customer’s behalf, the ownership and property in such goods is retained by SIFCO until payment is made in full for the goods. Until all monies have been paid:
a. You hold the goods supplied in fiduciary for us and will deal with them as agent for and on behalf of us (but will not hold yourself out as our agent to any third parties);
b. You shall store our goods separately consistent with the goods being our property, and ensure such goods are able to be separately identified;
c. If you resell the goods supplied, the proceeds of any resale will belong to us, and you will pay the same into a separate account for which separate records are kept, and all claims which you hold against third parties will be handled over to us;
d. You irrevocably give us and our representatives the right to enter your premises to remove any of the goods supplied and resell them;
e. You agree to indemnify us and our representatives against any liability incurred in connection with such entry and removal.
12. Goods means all goods supplied from time to time by us to you, provided that:
a. Where the goods supplied are your inventory, then all references to goods in these terms shall, in respect of those goods, be read as references to inventory, and;
b. Where the goods supplied are not inventory then all references to goods in these terms shall, in respect of those goods, mean the goods described in any one or more of the relevant order form, packing slip or invoice (or its equivalent, whatever called) relating to those goods, on the basis that each such order form, packing slip or invoice (or its equivalent) shall be deemed to be incorporated in, and form part of, these terms.
13. Terms mean these terms of trade.